543910607-6-13-2019-04-CC-DLEN-BDG2KB-20190624172740

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 543910607
Report Date: 06/12/2019
Date Signed: 06/13/2019 09:49:21 AM

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1310 E. SHAW AVE,
FRESNO, CA 93710

This is an official report of an unannounced visit/investigation of a complaint received in our office on
04/24/2019 and conducted by Evaluator Kathy Pacheco

PUBLIC

COMPLAINT CONTROL NUMBER: 04-CC-20190424164646

FACILITY NAME:	GONZALEZ, NORMA FAMILY CHILD CARE		FACILITY NUMBER:	543910607
ADMINISTRATOR:			FACILITY TYPE:	810
ADDRESS:			TELEPHONE:
CITY:		STATE:	ZIP CODE:
CAPACITY:	8	CENSUS: 6	DATE:	06/12/2019
		UNANNOUNCED	TIME BEGAN:	08:15 AM
MET WITH:	Norma Gonzalez		TIME COMPLETED:	09:30 AM

ALLEGATION(S):

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Provider encouraged children in care to hit another child
Provider transported child(ren) in an unsafe manner

INVESTIGATION FINDINGS:

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On the above mentioned date, Licensing Program Analyst (LPA) Kathy Pacheco conducted an unannounced complaint inspection to the facility. LPA met with Licensee, Norma Gonzzalez. The purpose of the inspection was to deliver the findings for the above complaint allegations.

During the course of the investigation, LPA Pacheco conducted interviews with Licensee, complainant, day care children, and parents of day care children. The interviews revealed inconsistencies in the above allegations. Although the allegtions may have happened or may be valid, there is not a preponderance of the evidence to prove the provider encouraged children in care to hit another child or that provider transported child(ren) in an unsafe manner; therefore, the allegations are unsubstantiated.

Per California Code of Regulations, Title 22, Division 12, no deficiency is cited during today’s inspection.
LIC 9213 NOTICE OF SITE VISIT FORM IS REQUIRED TO BE POSTED FOR 30 DAYS.

Unsubstantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Diana deLeon	TELEPHONE: (559) 650-7854
LICENSING EVALUATOR NAME: Kathy Pacheco	TELEPHONE: (559) 341-5116
LICENSING EVALUATOR SIGNATURE:	DATE: 06/12/2019

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/12/2019

This report must be available at Child Care and Group Home facilities for public review for 3 years.

LIC9099 (FAS) - (06/04)

Page: 1 of 4

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1310 E. SHAW AVE,
FRESNO, CA 93710

This is an official report of an unannounced visit/investigation of a complaint received in our office on
04/24/2019 and conducted by Evaluator Kathy Pacheco

PUBLIC

COMPLAINT CONTROL NUMBER: 04-CC-20190424164646

FACILITY NAME:	GONZALEZ, NORMA FAMILY CHILD CARE		FACILITY NUMBER:	543910607
ADMINISTRATOR:	GONZALEZ, NORMA		FACILITY TYPE:	810
ADDRESS:	3931 E ELOWIN AVE		TELEPHONE:	(559) 750-7503
CITY:	VISALIA	STATE: CA	ZIP CODE:	93292
CAPACITY:	8	CENSUS: 6	DATE:	06/12/2019
		UNANNOUNCED	TIME BEGAN:	08:15 AM
MET WITH:	Norma Gonzalez		TIME COMPLETED:	09:30 AM

ALLEGATION(S):

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Provider used high chair as a form of restraint

INVESTIGATION FINDINGS:

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On the above mentioned date, Licensing Program Analyst (LPA) Kathy Pacheco conducted a complaint inspection to the facility and met with Licensee, Norma Gonzalez. The purpose of the inspection was to deliver the findings for the above complaint allegation.

During the course of the investigation, LPA Pacheco conducted interviews with Licensee, complainant, day care children, and parents of day care children.

Based on the information obtained during the investigation, there is a preponderance of the evidence to prove the provider used a high chair as a form of restraint; therefore, the allegation is substantiated.

(continued on next page)

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Diana deLeon	TELEPHONE: (559) 650-7854
LICENSING EVALUATOR NAME: Kathy Pacheco	TELEPHONE: (559) 341-5116
LICENSING EVALUATOR SIGNATURE:	DATE: 06/12/2019

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/12/2019

This report must be available at Child Care and Group Home facilities for public review for 3 years.

LIC9099 (FAS) - (06/04)

Page: 2 of 4

Control Number 04-CC-20190424164646

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1310 E. SHAW AVE,
FRESNO, CA 93710

FACILITY NAME: GONZALEZ, NORMA FAMILY CHILD CARE	FACILITY NUMBER: 543910607
	VISIT DATE: 06/12/2019

NARRATIVE

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Per California Code of Regulations, Title 22, Division 12, the following deficiency is found:

102423(a)(4) - Personal Rights: Each child receiving services from a family child care home shall have certain rights that shall not be waived or abridged by the licensee regardless of consent or authorization from the child's authorized representative. These rights include, but are not limited to, the following: (4) To be free from corporal or unusual punishment, infliction of pain, humiliation, intimidation, ridicule, coercion, threat, mental abuse, or other actions of a punitive nature, including, but not limited to: interference with eating, sleeping or toileting; or withholding shelter, clothing, medication or aids to physical functioning.

A copy of the report and appeal rights were provided to the facility.

LIC 9213 NOTICE OF SITE VISIT FORM IS REQUIRED TO BE POSTED FOR 30 DAYS

SUPERVISOR'S NAME: Diana deLeon	TELEPHONE: (559) 650-7854
LICENSING EVALUATOR NAME: Kathy Pacheco	TELEPHONE: (559) 341-5116
LICENSING EVALUATOR SIGNATURE:	DATE: 06/12/2019

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/12/2019

LIC9099 (FAS) - (06/04)

Page: 3 of 4

Control Number 04-CC-20190424164646

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 1310 E. SHAW AVE,
FRESNO, CA 93710

FACILITY NAME: GONZALEZ, NORMA FAMILY CHILD CARE	FACILITY NUMBER: 543910607
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 06/12/2019

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type B 06/12/2019 Section Cited CCR 102423(a)(4)	1 2 3 4 5 6 7	Personal Rights - This requirement was not met as evidenced by information LPA received during interviews indicating Licensee placed a day care child in a high chair as a form of restraint. This poses a potential risk to the health, safety, or personal rights of children in care.	1 2 3 4 5 6 7	Licensee provided LPA with a written POC stating that although she did not place a day care child in a high chair as a form of punishment or restraint, she will never use a high chair as a form of restraint and she will never restrain a child for any reason.
	1 2 3 4 5 6 7		1 2 3 4 5 6 7
	1 2 3 4 5 6 7		1 2 3 4 5 6 7
	1 2 3 4 5 6 7		1 2 3 4 5 6 7

Failure to correct the cited deficiency(ies), on or before the Plan of Correction (POC) due date, may result in a civil penalty assessment.

SUPERVISOR'S NAME: Diana deLeon	TELEPHONE: (559) 650-7854
LICENSING EVALUATOR NAME: Kathy Pacheco	TELEPHONE: (559) 341-5116
LICENSING EVALUATOR SIGNATURE:	DATE: 06/12/2019

I acknowledge receipt of this form and understand my appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/12/2019

LIC9099 (FAS) - (06/04)

Page: 4 of 4